Patent is a way of incentive to the continuous technological renovation and of stimulus to the company’s investment. More than protect the invention’s owner, it contributes to the economic and social development of the country. The invention needs to be officially protected and it can only be done by the Federal Government (Governo Federal). Only the patent gives inventors sole rights to determine who can and who cannot use their inventions commercially.

THERE ARE TWO TYPES OF PATENTS AND ONE OF INDUSTRIAL DESIGN REGISTRATION:

Patent of Invention (“PI”): It has to meet the requirements of novelty, inventive step and industrial application. Term: 20 years.

Utility Model Patent (“MU”): An object of practical use, or part thereof, susceptible of industrial application, that presents a new shape or arrangement and involves inventive step, resulting in functional improvement in its use or manufacture. Term: 15 years.

Industrial Design Registration (“DI”): It Is any ornamental plastic form of an object or any ornamental arrangement of lines and colors which may be applied to a product, resulting in a new and original visual effect in its external configuration, which can be used as a model for industrial manufacture. Term: 25 years.


INFRINGEMENT OF PATENTS (Article 183 and 184):

An infringement of a patent of invention or utility model is committed by any person who:

I - Manufactures a product which is the subject matter of a patent of invention or utility model without the authorization of the owner of the patent.

II - Uses a means or a process that is the subject matter of a patent of invention, without the authorization of the owner of the patent.

III - Exports, sells, exhibits or offers for sale, holds in stock, conceals or receives with a view to use for a commercial purposes, a product manufactured in infringement of a patent of invention or utility model, or that is obtained by patented means or process.